Case has been rejected by Consumer Court
2 years ago
I'bought a color printer from a company later came to know their printer is not up-to the promises what they have made. So i' approached a Advocate explained him about the situation and asked him to file a case so the Advocate issued a notice and also paid the money for him but the Opposite party did not respond so he said i' have file a case again in consumer court again he as for Thirty Thousand Rupees.
After a week he says the consumer has rejected the case since its this printer is for commercial purpose and not personal use. So i' asked the Advocate to refund my money because at time of filing the case he said he will 100% recovery my money from the seller and by returning the product now the case is rejected. When asked for refund he refused to do so.
What should i' do next he is got political influence also
You may visit an advocate and file a suit in the commercial court. The Commercial Court shall have jurisdiction to try all suits and applications relating to a commercial dispute of a Specified Value arising out of the entire territory of the State over which it has been vested territorial jurisdiction.
However, if you want to get refund from the lawyer, you may negotiate with him.
Thanks
Regards
The position on being a consumer is clear when a product is used for commercial purpose as given below;
Who is a consumer
1.2 Section 2(d) of the Consumer Protection Act says that consumer means any person who—
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment, and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment, and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person;
Explanation.—For the purposes of the sub-clause (i), “commercial purpose” does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment.
As for as asking for refund from advocate is concerned that is something that you need to deal with the lawyer after having discussion with him
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